7 DuPage deputies sue sheriff, alleging retaliation

Employees allege they were punished for unionizing, refusing to help campaign

November 22, 2013|By Joe Mahr, Chicago Tribune reporter

Seven veteran DuPage County deputies have filed a federallawsuit accusing Sheriff John Zaruba of trying to wreck their careers for unionizing and refusing to support the sheriff politically.

The lawsuit includes an allegation made by a former homicide detective who, according to the suit, was once the sheriff's office employee of the year. When the 28-year veteran told Zaruba he couldn't support his campaign financially, the sheriff responded that the employee's "good work meant nothing" to him, the suit says. The employee was demoted and passed over for promotions, according to the suit.

Zaruba's office did not return an immediate call or email.

The lawsuit comes two years after a Tribune investigation found that Zaruba relied heavily on his employees to fatten his campaign war chest and work for his re-election bids. The newspaper also found political supporters more likely to be promoted and face lighter discipline than nonsupporters. Some current and former employees told the newspaper that they felt pressure to support Zaruba politically after watching nonsupporters' careers sink, with no union in place to protect them.

Zaruba's supporters denied he did anything wrong, but the county recently agreed to pay a fired employee $800,000 after a federal jury found the sheriff unfairly retaliated against her for political reasons. That followed a $65,000 settlement paid to an employee who complained she was forced out for refusing to support Zaruba politically.

The latest lawsuit was filed Thursday by employees James Williams, Joseph DelGiudice, Stjepan Josic, Mark Wolenberg, Eric Koty, Guy DeCastris and Thomas Weiser. Their attorneys, Colin O'Malley and David Lipschultz, allege in the lawsuit that the 16-year sheriff routinely violated the civil rights of the seven for forming a union and pursuing grievances, refusing to contribute to Zaruba's campaign, and supporting a rival candidate to Zaruba in 2006.

The lawsuit alleges Zaruba and a top aide, Maj. Daniel Bilodeau, passed them over for earned promotions — picking political supporters with fewer qualifications — and often demoted them to less desirable jobs, such as courthouse security.

That included DelGiudice, a former detective who was on the major crimes task force and cold case unit, gaining recognition for his investigative skills and being named the employee of the year in 2008, according to the suit. The lawsuit alleged that DelGiudice was demoted to courthouse security later that year and later repeatedly passed over for promotion to sergeant. The sheriff picked officers who had lower test scores but gave money to the sheriff and didn't support unionization.

"The substantial investment made by the taxpayers of DuPage County into the professional development of these loyal enforcement officers continues to be wasted," the lawsuit alleges.

DuPage County State's Attorney Robert Berlin's office, acting as Zaruba's lawyer, has argued there is no proof Zaruba retaliates against nonsupporters. His office said it can't comment on the recent filing because it is pending, but noted the recent $800,000 settlement carries a provision that acknowledges no wrongdoing committed by the sheriff.